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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
When a plumbing problem occurs in a unit (condominium) who pays. I think the owner pays if it just affects the owners unit, but if it affects another unit or common area, the association pays. Our President thinks that when it affects another unit or common area we should charge the owner a certanin percent of the bill. Do you think we can charge a percent to an owner when more than one area is affected?
TimB4 (Tennessee)
Posts: 21,059
Posted:
What do your governing documents say about who's responsibility it is?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
"If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other such component or fixture lies partially withing and partially outside the designated boundaries of an Apartment, any poertion thereof which does not affect the function of the other Apartments of the Common Areas and Facilities and serves only that Apartment is deemed a Limited Common Area allocated exclusively to that Apartment, and any portion thereof serving or affecting the function of more than one Apartment or any portion of the Common Areas and Facilities is part of the Common Areas and Facilities.
PreciseE (New Jersey)
Posts: 6
Posted:
Actually whose responsibility is this??
TimB4 (Tennessee)
Posts: 21,059
Posted:
Bonnie,

What does your governing documents say about who maintains the common areas and does it address who maintains the limited use common areas?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Bonnie:

I potentially would have to agree with your assessment per my breakdown and bold text noted:

If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other such component or fixture lies partially within and partially outside the designated boundaries of an Apartment,

any portion thereof which does not affect the function of the other Apartments of the Common Areas and Facilities and serves only that Apartment is deemed a Limited Common Area allocated exclusively to that Apartment,

and any portion thereof serving or affecting the function of more than one Apartment or any portion of the Common Areas and Facilities is part of the Common Areas and Facilities.

GlenL (Ohio)
Posts: 5,491
Posted:
Bonnie are you sure there isn't a section that specifically addresses plumbing? In our COA if the leak was before the shutoff valve for the unit it would be the Associations responsibility; if it was after the shutoff valve it would be the owners responsibility.

Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
The "innocent victim" should not be charged at all.

Most likely, the homeowner's insurance would kick in and they would come back to either the HOA or the source of the original damage for reimbursement.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
If the pipe leak was in the wall, and you needed to shut off the water to the building to stop it, I would say that would affect other unit owners. On the other hand, if the leak was on your toilet hose and the owner could stop the leak by turning off their toilet, that only affects 1 owner.

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